Legal Question in Real Estate Law in India

My father had two properties, first of 100 sqyd built house and second a 230 sqyd bulit house. From which he sold the second property which was 230 Sqyd and gave some amount of shares to my sister (3) and rest to my brother which they ate in a preiod of time and now all of them need a share from my property which was given by my father which is 100 Sqyd.

NOTE: the 100 Sqyd property which my father gave to me was a acquired ( kabza) by me 40 years ago, electricity and water and all other documents are on my name till 1993 when I gifted it to my wife with a gift registration.

Can my sisters and brother file a case against my property? comments will be highly appriciated.


Asked on 10/31/10, 1:15 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

With the given facts, the gift to your wife cannot be challenged. First, you got it 40 years ago and then you also have transferred it 17yrs ago by way of gift. Moreover, the property was transferred to you during life time of father, which he was entitled to do. so no one including your brothers and sisters can object to it, at this time.

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Answered on 10/31/10, 1:26 am


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